SB 268

Enrolled Copy  S.B. 268
1Religious Curriculum in Schools
                                      2026 GENERAL SESSION
                                            STATE OF UTAH
                                     Chief Sponsor: Todd Weiler
                                     House Sponsor: Tiara Auxier
2
3  LONG TITLE
4  General Description:
5      This bill amends education curricula requirements relating to religious liberty.
6  Highlighted Provisions:
7      This bill:
8      ▸ amends curricula requirements to address religious liberty;
9      ▸ amends requirements for higher education graduates; and
10      ▸ makes technical and conforming changes.
11  Money Appropriated in this Bill:
12      None
13  Other Special Clauses:
14      This bill provides a special effective date.
15  Utah Code Sections Affected:
16  AMENDS:
17      53E-4-205.2, as enacted by Laws of Utah 2025, Chapter 142
18      53G-10-202, as last amended by Laws of Utah 2025, Chapter 380
19      53G-10-302, as last amended by Laws of Utah 2024, Chapter 452
20      53H-3-605, as renumbered and amended by Laws of Utah 2025, First Special Session,
21      Chapter 8
22  ENACTS:
23      53E-4-205.3, Utah Code Annotated 1953
24
25  Be it enacted by the Legislature of the state of Utah:
26Section 1. Section 53E-4-205.2 is amended to read:
2753E-4-205.2 . American constitutional government and citizenship course
28  standards.
S.B. 268  Enrolled Copy
29   (1) Beginning in the 2026-2027 school year, except as provided in Subsection (2)(e), and as
30part of the social studies requirement established under Section 53E-4-204, the state
31board shall require instruction on American constitutional government and citizenship.
32   (2) In accordance with Subsections (3) and (4), the state board shall create standards for the
33course required under Subsection (1) that:
34(a) examine American founding principles, including:
35(i) classical republicanism, natural rights, and colonial religious traditions; and
36(ii) the text and principles of the Declaration of Independence and relationship to the
37United States Constitution;
38(b) examine the text of the United States Constitution, including:
39(i) structure, powers, and limits of the legislative, executive, and judicial branches;
40and
41(ii) the principles and operation of federalism and the state constitutional tradition;
42(c) examine the development of the United States Constitution through amendments,
43including:
44(i) the creation and application of the Bill of Rights;
45(ii) the adoption and enforcement of the Civil War and Reconstruction Amendments;
46and
47(iii) the adoption and enforcement of the [other ]voting rights amendments; [and]
48(d) examine the practice of self-government at the state and local level, including:
49(i) the Utah Constitution and local government, including counties, municipalities,
50and tribal governments;
51(ii) state and local elections, including the current candidate nomination and selection
52processes; and
53(iii) the responsibilities of citizenship and participation in civil society[.] ; and
54(e) beginning no later than the 2027-2028 school year, examine the fundamental role of
55religion in United States history and the primacy of religious liberty to American
56constitutional government, including the optional topics described in Section
5753E-4-205.3.
58   (3) The course described in this section shall prioritize a close reading of the following
59primary source documents:
60(a) the Mayflower Compact;
61(b) the Declaration of Independence;
62(c) the Iroquois Constitution;
                                                   -2-
Enrolled Copy  S.B. 268
63      (d) the United States Constitution;
64      (e) George Washington's Farewell Address;
65      (f) selected passages from the Federalist and Antifederalist Papers;
66      (g) the Articles of Confederation;
67      (h) speeches of Frederick Douglass;
68      (i) the Lincoln-Douglas Debates;
69      (j) speeches of Abraham Lincoln;
70      (k) the Seneca Falls Declaration;
71      (l) the Letter from Birmingham Jail;
72      (m) the Utah Constitution; and
73      (n) other essential documents from American constitutional history.
74  (4) The state board shall, in collaboration with the Civic Thought and Leadership Initiative
75      within the Center for Constitutional Studies at Utah Valley University, develop
76      standards that fulfill the requirements of this section.
77Section 2. Section 53E-4-205.3 is enacted to read:
7853E-4-205.3 . Religious liberty instruction -- Optional topics.
79  (1) In accordance with Section 53E-4-205.2, the state board standards for the course on
80      American constitutional government and citizenship may instruct an educator that the
81      educator may examine the fundamental role of religion on the following topics:
82      (a) foundational documents and speeches in United States history, including the primary
83source documents described in Subsection 53E-4-205.2(3);
84      (b) exploration and colonization of the Americas;
85      (c) early settlement of the North American colonies by religious refugees, including
86Puritans, Catholics, Quakers, and Jews;
87      (d) education and literacy, including early colleges;
88      (e) concepts of the consent of the governed, including covenantal concepts in the
89Mayflower Compact and early New England church and civil government;
90      (f) the American Revolution, including the influence of the First Great Awakening and
91of religious sermons and pamphlets on liberty and tyranny;
92      (g) concepts of moral equality and natural rights, including in the Declaration of
93Independence and other American declarations of rights;
94      (h) the debates in the Constitutional Convention and state ratifying conventions on the
95United States Constitution, especially the First Amendment;
96      (i) the abolition of slavery in the United States;
                                                -3-
 S.B. 268  Enrolled Copy
97(j) social welfare and reform movements, including:
98(i) the temperance;
99(ii) women's suffrage;
100(iii) freedmen's aid;
101(iv) child labor;
102(v) immigrant aid; and
103(vi) anti-lynching movements;
104(k) United States opposition to totalitarianism, fascism, and communism;
105(l) United States reconstruction of former World War II enemies;
106(m) the 1950s and 1960s nonviolent Civil Rights Movement; and
107(n) religious pluralism in contemporary America.
108   (2) An LEA shall ensure that the topics enumerated in Subsection (1) are optional.
109Section 3. Section 53G-10-202 is amended to read:
11053G-10-202 . Maintaining constitutional freedom in the public schools.
111   (1) Except as provided in this section and in Section 53G-10-206, any instructional activity,
112performance, or display which includes examination of or presentations about religion,
113political or religious thought or expression, or the influence thereof on music, art,
114literature, law, politics, history, or any other element of the curriculum, including the
115comparative study of religions and the fundamental role of religion in the history of the
116United States and other countries, which is designed to achieve academic educational
117objectives included within the context of a course or activity and conducted in
118accordance with applicable rules or policies of the state and LEA governing boards, may
119be undertaken in the public schools.
120   (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall be
121included within or excluded from public school curricula for the primary reason that it
122affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the
123existence of a spiritual realm or supreme being.
124   (3) [Public schools ] A public school may not sponsor or deny the practice of prayer or
125religious devotionals.
126   (4) [School officials and employees may not, regardless of a school, LEA, or state board
127rule or policy, ] Notwithstanding any policy or state board rule, a school official or
128employee may not use the official's or employee's position to endorse, promote, or
129disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
130viewpoint.
                                                   -4-
 Enrolled Copy  S.B. 268
131  (5) An LEA shall ensure that:
132      (a) a student may express the student's beliefs about religion in homework, artwork, and
133other written or oral assignments free from discrimination based on the religious
134perspective of the student's submissions;
135      (b) home and classroom work is:
136(i) not penalized or rewarded on the basis of religious perspective; and
137(ii) judged by ordinary academic standards of substance, relevance, and other
138legitimate pedagogical objectives; and
139      (c) notification of the constitutional freedoms described in this section is provided to
140school officials, employees, and students.
141Section 4. Section 53G-10-302 is amended to read:
14253G-10-302 . Instruction in American history and government -- Study and
143  posting of American heritage documents.
144  (1) As used in this section, "Ten Commandments" means the Decalogue, known as the Ten
145      Commandments, as recorded in the Hebrew Scriptures in Exodus 20:2-17 and
146      Deuteronomy 5:6-21.
147  (2) The Legislature recognizes that a proper understanding of American history and
148      government is essential to good citizenship, and that the public schools are the primary
149      public institutions charged with responsibility for assisting children and youth in gaining
150      that understanding.
151  (3)(a) The state board and local school boards shall periodically review school curricula
152      and activities to ensure that effective instruction in American history and government
153      is taking place in the public schools.
154      (b) The boards shall solicit public input as part of the review process.
155      (c) Instruction in American history and government shall include a study of:
156(i) forms of government, such as a republic, a pure democracy, a monarchy, and an
157oligarchy;
158(ii) political philosophies and economic systems, such as socialism, individualism,
159and free market capitalism; [and]
160(iii) the fundamental role of religion in United States history and the primacy of
161religious liberty to American constitutional government; and
162[(iii)] (iv) the United States' form of government, a compound constitutional republic.
163  (4) School curricula and activities shall include a thorough study of historical documents
164      and principles such as:
                                                -5-
 S.B. 268  Enrolled Copy
165(a) the Declaration of Independence;
166(b) the United States Constitution;
167(c) the national motto;
168(d) the pledge of allegiance;
169(e) the national anthem;
170(f) the Mayflower Compact;
171(g) the writings, speeches, documents, and proclamations of the Founders and the
172Presidents of the United States;
173(h) organic documents from the pre-Colonial, Colonial, Revolutionary, Federalist, and
174post[ ] -Federalist eras;
175(i) United States Supreme Court decisions;
176(j) the Ten Commandments;
177(k) the Magna Carta;
178(l) Acts of the United States Congress, including the published text of the Congressional
179Record; and
180(m) United States treaties.
181   (5) To increase student understanding of, and familiarity with, American historical
182documents, public schools may display historically important excerpts from, or copies
183of, those documents in school classrooms and common areas as appropriate.
184   (6) There shall be no content-based censorship of American history and heritage documents
185referred to in this section due to their religious or cultural nature.
186   (7) Public schools shall display "In God we trust," which is declared in 36 U.S.C. 302 to be
187the national motto of the United States, in one or more prominent places within each
188school building.
189Section 5. Section 53H-3-605 is amended to read:
19053H-3-605 . Granting of degrees, diplomas, or certifications -- Board approval --
191   Termination of previous approval.
192   (1)(a) An institution of higher education may not issue a degree, diploma, or certificate
193outside of the institution of higher education's primary role, as described in Section
19453H-3-602, unless the institution of higher education receives approval from the
195board of the adequacy of the study for which the degree, diploma, or certificate is
196offered.
197(b) A student shall demonstrate a reasonable understanding of the [history, principles,
198form of government, and economic system of the United States] following before
                                                   -6-
 Enrolled Copy  S.B. 268
199receiving a bachelor's degree or teaching credential[.] :
200(i) the history, principles, form of government, and economic system of the United
201States; and
202(ii) the fundamental role of religion in United States history and the primacy of
203religious liberty to American constitutional government.
204  (2) Degrees, diplomas, and certificates issued [prior to] before the effective date of this
205      section do not require board approval.
206  (3) The board may terminate the granting of previously approved degrees, diplomas, and
207      certificates if the degrees, diplomas, or certificates are inconsistent with the primary role
208      prescribed by the board for the affected institution of higher education.
209Section 6. Effective Date.
210  This bill takes effect on July 4, 2026.
                                                 -7-